I’ve Heard Some Counties Will Not Accept Misdemeanor Marijuana Cases Without Lab Results. Could This Help My Marijuana Possession Case In Austin, Texas?

If you were recently arrested, it is unlikely that you will continue to have a case going forward in Travis County. The prosecutors won’t be filing cases at the misdemeanor level or at the felony level for the time being. If you were arrested for that charge, it is likely that the prosecutors will reject charges on it. If it is a previous case, it’s going to be the position of the District Attorney that they don’t need lab results before June, as the law didn’t require them. Every type of cannabis was illegal at that time.

Typically, the rule is that the legislature has to designate a new law that reduces the penalty for an offense as not retroactive, and if they do not, the new law applies retroactively. The legislature did not designate this new distinction between legal hemp and illegal marijuana as not retroactive and hence, under the rules, it should be retroactive. There is a defense that even for cases that are pending from before then, they now need to do the testing. There might even be an argument that they needed to have done the testing when they made the probable cause determination, so their probable cause for making the arrest is insufficient. If they claimed to smell marijuana, even though the law was that it was sufficient at the time, it’s possible that the judge might rule that because the legislature did not say this was not retroactive, that it is retroactive with respect to probable cause as well, even though this seems like a nonsensical result.

For more information on Misdemeanor Marijuana Cases, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.